What happens when someone is charged with a misdemeanor?
[This is just a brief overview.] A misdemeanor is defined as a crime that is punishable by fine and/or imprisonment in a County jail for not longer than one year. Some misdemeanors are punishable by no more than six months in the county jail, and yet a few others limit jail time to ninety days. Most misdemeanor prosecutions start with an arrest. However, unlike a felony arrest, most persons charged with misdemeanors are detained only for a short time before they are released by the police after signing a promise to appear in court (similar to a traffic ticket). Those not issued a promise to appear by the police are usually later released by the jail using the same procedure: a written promise to appear, often called an own recognizance, or “O.R.” release. A report alleging unlawful conduct is prepared by the police officer and submitted to the district attorney who determines what, if any, charge, should be filed. Occasionally, instead of filing a misdemeanor charge, the district attor
A misdemeanor is defined as a crime that is punishable by fine and/or imprisonment in a County jail for one year or less. As in most criminal cases, a misdemeanor prosecution starts with an arrest. However, unlike of a felony arrest, most persons charged with misdemeanors are detained only for a short time before they are released by police after promising to appear at their next court date by signing a citation that is known as a “promise to appear.